DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1182-16/ 9146-13 

Dear : 

This is in reference to your latest reconsideration request in which you requested to be retired as 
a and to have your Certificate ofRelease ofDischarge from Active Duty (DD Form 214) reflect your narrative reason for separation was voluntary retirement vice unacceptable conduct. You previously petitioned the Board and were advised in 
our letter that your application had been denied. Your case was reconsidered in accordance with 
Board for Correction ofNaval Records procedures that conform to Lipsman v. Secretary ofthe 
Army, 335 F. Supp. 2d 48 (D.D.C 2004). 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence ofrecord. 

Your current request has been reconsidered by a three-member panel ofthe Board for Correction 
ofNaval Records, sitting in executive session on 5 April 2017. The names and votes ofthe 
members ofthe panel will be furnished upon request. Documentary material considered by the 
Board consisted ofyour application and any material submitted in support ofyour application. 

After careful and conscientious consideration ofthe record, the Board determined that the 
documentation that you provided, even though not previously considered by the Board, was 
insufficient to establish the existence ofprobable material error or injustice. A review of your 
recent application and its attachments reveal that again your request must be denied. 

Your assertion that you suffered from Post-Traumatic Stress Disorder (PTSD) was fully and 
carefully considered by the Board in light ofthe Secretary ofDefense's memorandum, 
"Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records 
Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder" 
of September 3, 2014. In accordance with the guidance, the Board gave liberal and special 
consideration to your treatment record documentation ofPTSD symptoms and your submission 
of Department ofVeterans Affairs determination ofthe existence ofservice-connected PTSD. 
The Board considered the existence ofyour PTSD and determined that it existed at the time of 
your discharge. The Board then determined that it was a causative factor in the misconduct you 
committed. The misconduct, excessive drinking, can be symptomatic ofPTSD. However you 
were convicted ofmore than excessive drinking. You have two convictions for DWI. The 
offenses you committed were very serious in nature warranting the separation code and narrative 
reason you received even taking into consideration the existence ofPTSD and the liberal grant 
afforded to reconsideration cases by the current guidance. The Board also determined that the 
retirement grade determination was without error or injustice. 

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken again. You are entitled to have the Board reconsider its decision upon the 
submission of new and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence ofsufficient new and material evidence for reconsideration, the 
decision ofthe Board is final, and your only recourse would be to seek relief, at no cost to the 
Board, from a court of appropriate jurisdiction. 

It is important to keep in mind that a presumption of regularity attaches to all official records. 
Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


Executive Director